The Hindu Remarriage Act brought a new era for the Hindu widows. Here’s what you need to know about the act:
In ancient times, widows used to go through many hardships in society. They were boycotted and isolated from performing or getting involved in social rituals and they were not allowed to remarry in the Hindu religion is considered a sacrament.
The widows were also subjected to Sati, which Sir William Bentick abolished in 1929. The legalisation of the remarriage of widows was necessary to prevent the social evils prevalent in society. The idea of widow remarriage was advocated by Dayanand Saraswati.
The widow remarriage act was passed on 16 July, 1856 by Lord Canning, enacted on 26 July, 1856, and drafted by Lord Dalhousie. It consisted of a total of seven sections.
Significant Provisions Of The Widow Remarriage Act
Some of the essential provisions of the Hindu widows’ remarriage act include:
Section 1 of the Act contains provisions regarding the legalisation of the remarriages of Hindu widows. It states that marriage contracted between Hindus is not invalid. The issue of such marriages should not be invalid because the woman was previously married or engaged to another person who died at the time of the marriage.
Any custom or interpretation of Hindu Law contrary to the provisions of this section is not valid.
Section 2 states that a widow is not entitled to exercise her right of inheritance on her deceased husband’s property after getting remarried. The same right conferred by any will or testamentary disposition will also get ceased in the same sense express permission to get remarried is not prescribed.
Her right of inheritance on her deceased husband’s property ceased as if she died. The next heir eligible to inherit the property after her death will be entitled to inherit the same.
According to Section 3 of the act, if anyone is not appointed as a guardian of the deceased person’s children by the will or testamentary disposition, then the father or paternal grandfather or mother or paternal grandfather can make an application for the appointment of a guardian for care and custody of the children.
The provision to this section states that if the children do not have their property to support their education as minors, the mother will remain the guardian until she gives consent to any other proposed guardian who has given security to support such education minors.
Section 4 of the act states that a childless below will not be capable of inheriting the deceased husband’s property if that widow was not entitled to inherit the same even before the commencement of this act because she is a childless widow.
The rights of a widow will not get forfeited to which she is entitled because she is remarried. It will also include the right to inheritance of the property of the new husband in the same sense as if it has been the first marriage, as stated in Section 5 of the act.
Section 7 talks about the consent of minor and major widows in remarriages. A minor widow under the age of 16 years whose marriage is not consummated will not be allowed to remarry without the consent of the father or paternal grandfather or mother or elder brother or next male relative consecutively.
The remarriage of a Hindu widow above 16 years of age will be valid if done with her consent.
The act also provides the punishment for abetting the remarriage of a minor widow without the consent of any of the persons mentioned in the act.
It states that if any person violates such provision, they will get punished with simple imprisonment for up to one year or a fine. Such marriages will be declared void unless consummated.
It will be presumed that consent was already provided in such marriages unless the contrary is proved.
Conclusion
The Hindu widow remarriage act was passed in the year 1856 to legalise widow remarriage in India and provide protection to men who married widows. The Hindu widow remarriage act was the major social reformatory legislation enacted for the upliftment of widows, and the act ensured protection to both widows and the men marrying them.
It also ensured that a widow’s remarriage was nothing different from a simple marriage with similar customs and ceremonies. No such marriage is invalid because such customs and ceremonies will not be applicable in the case of a widow.
The act ensured that marriages are still considered sacraments under the Hindu religion.